Page:Biological Agents and Toxins Act 2005.pdf/14

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BIOLOGICAL AGENTS AND TOXINS
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(b) where he is the operator of an uncertified facility, at such facility as may be specified in the approval to possess.

(5) Any person who—

(a) possesses any First Schedule biological agent in contravention of subsection (1); or
(b) keeps or uses such biological agent at any facility in contravention of subsection (4),

shall be guilty of an offence and shall be liable on conviction to be punished as follows:

(i) in the case of a First Schedule (Part I) biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and
(ii) in the case of a First Schedule (Part II) biological agent, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both.

(6) Where any person possesses any First Schedule biological agent in contravention of subsection (1) or keeps or uses such biological agent at any facility in contravention of subsection (4), the Director may order any one or more of the following:

(a) the immediate cessation of any activity involving the First Schedule biological agent carried out by the person at the facility;
(b) the destruction of the First Schedule biological agent at the facility;
(c) the decontamination of the facility;
(d) the closure or cordoning off of the facility until such time as the Director is satisfied that the facility may safely resume operation;
(e) that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to the First Schedule biological agent at the facility should—
(i) undergo such medical examination and medical treatment at such place or hospital as the Director may specify in the order; or